Idaho news. (Blackfoot, Idaho) 1887-1891, 1887-11-26
DOWN AND OUT.
cou,n,,.Statier sparks Tenders st's H"s'
tanasIon so ihs President

Z Commissioner tftfHN
tanaGIon So abe President
w,su,xaroS Nov. Island Commits
sioner Sparks this afternoon personally ue-
Eyered TO the president letter defending
his course in the Chicago, St. Paul, M'nne-
apolis & Omaha railway land grant cases.
and formally resigned his Office. lie refers
TO Secretary Lamar's letter Of the llh
instant, and cited the eases in question
which were dusted by him III sep'e'hoei'
lie adds: 49,.
In oct,her two decisions OF the secretary
i were rendered in the Omaha cas- ;, huhf 49,,
| curing in my adjustments ,, ane SSsed He
| directed me AT the same time 70 . ,""ith ssid
| grants 10 be adjusted N e9ntorhttS Miti WIZ
| decisions. nov, infer rom ni .s, pnnoTSyed
By the official law advisor tof Tue aep,, n,
OF the interior. The int at issue ~ ~
| the claim of the railroad cnlnpanieN tn.,t ~
| Srantinl, nets. were reserved rom the opeitt
| tinu of these acts by the express terms 90 tuS
| statutes. Previous in 1910. lands lhat mo ,
and other purpOs s, and which were eNctn1 W.
| from the grants and rom ln9
operation Of the granting acts, I ins
been patented or e S,l any 70 "a ine
! d ,mnitv, prumisruOusly with other lhhus,
! This seems o. have been done ~ puIsuaniss
OF the practice of giving railroad com ,a.t,vIs
/ whatever they asked for, II that year u t,e
| 10 a large quantity ol such lands i'll the state
| of Kansas which had been 50 erfuhtuHsS
| cOnN o. ell IL the Leavenwurth, Lawrence
| Galveston rail Dad company, W Is utcIVeu ~
| valid hy The tinted states supreme court,
I Since iat date lands that were festtNtI ~
| the date OF the grant. or tine dale OF uet,hto
| location Of the roads, as the case may ha AZ.
| d AL.
| eisibns and pratics Of this o lice ana deplIs-
| ment us excluded, not My from al grants,
| but from tie indemnify basis uhu u an
| grants VIII rein su h reserved lands are oE
| ihr terms OIIaW "cNcluded IL, nj the cooperation
| OF the acts" he secretary held IN the
| Omaha cases that the company was entitled
| to indemnity tor such lAldS. ms uecls1Hht
| III adhered 10. will have the ele, to take
| fr m the people many mtlll n acres ui ihnI
| within TIA railroad indemnity limits, wh'cht
| by your advice aud vita your approval, as
| express i in the C;ailiord Miller case, has
| been pr claimed g. the euuatry Is FesIor u 10
I the puhilc domain.
The question nj the correctness OF THESE ue-
! cisit ms became, therefore, matter VI mo-
| m ntngs concern. I'm y correctly dccl'r q
! the law TIA So lands belong tu tht railrual
/ companies II they dtl not ,rrfGtiy dGcltfe
| the law, the lands betOug 10 $40 people. the
Omaha decisions plrport 10 BE- tounded up n
the decisions Of the supreme court IN the vase
OF the Niuuna ~ ~. Paul fhllToAd
company VS.. Earucy, the assertion 10 ug
made that the "plEtu language" at the court IN
| thar cas- seems To br exclusive o! qurstl M
pr tsented, and also upon tain rule Of
statutory interpreta ION ~ iei " ON Hs Oetus
an axiom Of cOnstrD ctiDn said decisions
were further emf reed rs reference 10 the I'M
n ported d. isian Of the tnitsd States circuit
court IL wIscnn II, which Was sad In the
when s4 ms 10 leave mo further room tor
disruSs H.. Itapp1red To vac tntt tue de-
elaiOn OF the sup me court IN the barney
c s.. wf absolutely silent upon The question
Z
even the ar, or OF the court sustained these
DE- lsions. 1t also appeared 20 me
ia the case DECIDED by the circuit curt
Ter WIS or : u, audlt $ vm q thAL the F..le uf
statut ntarprFtiJn ddUpts d IN the omaha
.ses Was the p sltr Of tile rule Of con.
strurtihn ADOPT ii BY the courts aud Itii
q, wu by the 3aN writer's. l WAS tHer fore
pro Ouudly convinced that he secretary had
been committed {" errors OF lAw wuicn, II
BROUGHT luily to his persOuAlBttentlOn, might
be corrected.
IT'S the pr c'lce OF the department - per
NIT repres NATIVES OF railroad companies
and other private Interests tn amply Tor 70
view and reCunsdCrnt,Ous Uf decisions, when
gus stIuns are dccld asain 1 such Interests
n etleye that, as an Utiiu r.. lue ,yernment
haNlHg the immediate guardianship 81 pubic
lands and tue lmmC uiIts charge VI the
Issuance OF patents under MI grants ol
an equal right with the reprrseuAtly 20
OF pTiShtci 10 eats to ask the secretary Of the
iHtI II n Ibsr AutilltlE the departmental de-
ciSiun, anu believed u Specially proper To
express my Views To the secretary, because
had not, bat W .ull have done 50 la tins orig.
maj lnstun G, - GHl anti lptEed a change ~
ru Ing and decision. Accordingly | waited
upon the Aerrrlary and personally expressed
to lin my desire To have a review Of the de-
cisiun In these cHsc~. HE suggested to me IN
let the matter rest for tie present, in vi len
suggestion |, OF course, EhpeFluIiy aclulrss Ell
lie formal application tOF review, COuChed
In tue most resp ctGHl ter,Hs, w. completed
alb ut Oct. ~, but WAX not put upon tht
official records and VA, not maze putt
lie. Tn Nov. 10 Teutt . u note from
the etary desiring me u present To- MIN
what iitt to say ON tht sahiut. Ny letter
was necuI ngiy stgurd ami delivered to hlm
on tue lin, with the necessary change Ol
date, etc. \ copy IL this letter IL hrryW th
euciO cd for yOIr Inspection. Several La.
purtIut questions W,re dCCt4ed In tHH Omaha
uJTSes Othg thnn the on rrteIred To herein bal
] confined M application for review a. tue
question OF "lnurunity for lands exc led
rom the opera ion OI the granting acts, LHAl
being Of Oyrr,hadOwing importance.
In pr seHtins THIS application I informed
the secretary thIt ~ wJ.nd not be made pub
IL uu,ess by ntuIsCii, fuUIic attention hay
Ing now been called h. the mater, I
shall feel ut liberty tO furnish the pres.
with copy Of tins et er, after II has been
mttted to him. The tssuC raised by me was
Strictly one pf lIw. The presentation OF the
issue WIS sire ~ In the line u "a legal argu,
meut. In the Icttsr addressed 10 me that
an erroneous impression that tie issue was
enc II authority alone. uud TINT had refcs ctl
H. execute tut see ctary Itiielal orders.
ms diversion OF tHv Issue from one 81
legal con traction u one Of q lthurity ana
lnsubof d.aalIon, H. the substitution u force
pr argument, "A diversion Of the public mind
from the merits Of the uftse md II not re-.
iesrrI "a by the tn Tits presentattun u YOU,
would be- the suppression by that power Dg Il
y pPcT ana rDnadt rttg effort on my part
~ commissioner 81 tho general land
Once 10 secure In thr public inter, At an i'm.
partial hearing by the secretary offhe into.
rmr ON purely legd qu scion az ding tho
administrator Of Lue ~ Ce viii u uirb ari
Chargedtha ,iiice ~ commissioner OF zen.
crH mud Diiice-Which ias been one al M.
tense labor. 1 haN indenvOred to diSiharre
ms full duty In u. ~ tho lace pffnany uIs.
Cou agemcnis AMI much l1tttnny ami abuse
defeat thu policies pursued. If these
deetsl rs tOftrhbaowS change in
the official policy on this subject, KNOWN,
wrli what this Will mean IN practical a,Uii.
catiOn, cpdlh not lrpNTse, with my sense
o duty. be an instrument 10 effect this
Having ever, rs now. regarded the commits
81 hold from You as subject 10 your
recall, and desiring 70 relieve you rom
any pusrlnie embarrassment, here.
with tcnd YOU my resignation OF do
ONCE Of commissioner Of the general
IAN ON -. ana ask Its early acceptance: and
IN thus ycling my connection wi your
adihlni .tritinn | beg 70 assure you u my
earnest wish that tn same wisdom, flrmness
ana Integrity which h u thus far so efnlngntty
marked your administration may cOutfnua
10 enhance you In the estimation Of YOUR
counlrymen. Very respectfully,
WILLIAM a. J. SPARRs.
The National Grange.
I,ANsTCl Afrb Noe IN RI. -.